The constitutional framework of the freedom of expression of judges

Authors

  • Joaquín Urías

DOI:

https://doi.org/10.18042/cepc/redc.135.02

Abstract

The exercise of the right to freedom of expression by judges and magistrates poses very special problems. Given the possibility that the use of this liberty affects the appearance of impartiality or the social confidence in the judiciary, it has been theorized the possibility of sacrificing some of the faculties included in it, despite their constitutional protection. Not being possible to do it with legal rules, ethical standards are often used as a solution, advising the magistrates the use of moderation in the exercise of constitutional freedoms. This work affords the possibility of addressing these conflicts with stable legal solutions, treating it as a question of possession of rights; distinguishing cases of manifestations of personal freedom from those in which State’s power operates. Starting from the idea of the direct effectiveness of fundamental rights and their institutional value.

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Published

2025-12-12

How to Cite

Urías, J. (2025). The constitutional framework of the freedom of expression of judges. Revista Española De Derecho Constitucional, (135), 51–80. https://doi.org/10.18042/cepc/redc.135.02